CALIFORNIA BAC BLOOD TEST:
SUBJECT TO ERROR AND CONTAMINATION
In California, if you arrested for a DUI you have already given your "implied consent" to have your Blood Alcohol Content, or BAC, tested to see if you are over the legal limit. Blood testing is thought of as being the most accurate way of testing for DUI.
With a blood test, unlike a breath test, a sample of blood is retained which your attorney can obtain and have independently tested and analyzed.
It's not surprising that blood testing taking place in a busy police station, in the middle of the night, can be sloppy, unorganized, and unsecure, and that errors and contamination can occur which may result in an innocent person being charged and convicted.
It is imperative that methodical, sterile, accurate testing in which the samples are meticulously labeled and properly stored takes place. Likewise, there has to be proper handling of the samples and results on their way to, from, and within the testing lab. Furthermore, in California you must be tested within three hours of your driving.
Hemolysis, or the breaking down of red blood cell membranes leading to fermentation, is just one of several things that can go wrong with a mishandled blood sample. Temperature, excessive movement, and length of time a sample sits waiting to be tested are all factors that must be regulated and monitored as it is possible for fermentation to take place inside the blood filled vial causing a blood sample to produce it's own alcohol and thus compromising the sample.
Our lawyers understand how blood testing can go awry and lead to inaccurate BAC results. Scrutinizing your blood test, testing procedures, and test results, if any, is just another way our attorneys will help prepare your DUI defense as your case makes it's way towards trial. Casting doubt on the accuracy of your blood test results is just another way to help get your case dismissed, convince a jury of your innocence, or negotiate a better deal for you, such as agreeing to a lesser charge other than DUI.
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